Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING

Regular Panel Decision

Apr 17, 2006

D.I.S., LLC v. Sagos

This case concerns an appeal by a mortgagee from an order of the Supreme Court, Nassau County, which granted the mortgagor's petition to direct the mortgagee to accept a specific sum in full satisfaction of the mortgage debt and issue a satisfaction of mortgage. The appellate court affirmed the lower court's order, ruling that the mortgagor's tender of payment of the entire mortgage principal plus interest, in response to the mortgagee's acceleration of debt, did not constitute a 'prepayment' within the meaning of the mortgage's prepayment clause. Consequently, the mortgagee was precluded from assessing a prepayment penalty as no such provision was specified in the mortgage. Additionally, the court declined to consider the mortgagee’s remaining contention regarding the acceleration clause because it was raised for the first time in her reply brief.

Mortgage LawPrepayment PenaltyMortgage Debt SatisfactionAcceleration of DebtRPAPL 1921Appellate ProcedureCivil ProcedureNassau County Supreme CourtContractual ProvisionsTender of Payment

References

Case No. MISSING

Regular Panel Decision

Hernandez v. Haberle

This appeal concerns whether Ulster County's failure to notify a mortgagee, Dorothy H. Bowden, of an impending tax sale deprived her of due process, thereby nullifying the tax sale as to her interest. The plaintiff acquired tax-delinquent property from Ulster County, which had purchased it after the record owner, Sharon Haberle, failed to pay taxes. Bowden, a mortgagee of the property, was not served with notice of the tax sale or the redemption period. The court found that the lack of notice to Bowden substantially impaired her property interest and violated her due process rights. Consequently, the Supreme Court's order granting summary judgment against Bowden was reversed, the tax sale and conveyance affecting her mortgage interest were annulled, and her mortgage was reinstated.

Due ProcessTax SaleMortgagee RightsNotice RequirementsReal PropertySummary JudgmentAnnulmentMortgage ReinstatementTax DelinquencyProperty Interest

References

Case No. MISSING

Regular Panel Decision

Assuranceforeningen Skuld (Gjensidig)-Den Danske Afdeling v. Allfirst Bank (In re Millenium Seacarriers, Inc.)

Assuranceforeningen Skuld, as appellant and adversary plaintiff, appeals a U.S. Bankruptcy Court order from August 1, 2002. The bankruptcy court had denied Skuld's motion for summary judgment and granted summary judgment to Allfirst Bank and Wayland Investment Funds (collectively, Foreign Mortgagees). The central issue was whether unpaid P&I insurance premiums create a maritime lien under the Federal Maritime Lien Act that would take priority over the Foreign Mortgagees' lien on Millenium Seacarriers' vessels. The bankruptcy court, applying Norwegian law based on a choice-of-law clause in the insurance contract, concluded that no such maritime lien exists under Norwegian law. The District Court, presided over by Judge Robert P. Patterson, Jr., affirmed this decision, emphasizing the enforceability of choice-of-law provisions in international maritime insurance agreements.

Maritime LawChoice of LawFederal Maritime Lien ActInsurance PremiumsSummary JudgmentAdmiraltyInternational TransactionNorwegian LawForeign MortgageChapter 11

References

Case No. MISSING

Regular Panel Decision

Mar 12, 1975

Turk v. Look

This case involves an appeal from a Madison County Court judgment concerning a contract dispute between a building contractor (plaintiff) and homeowners (defendants) for home remodeling. The defendants were found to have breached the contract by withholding progress payments and demanding work outside the agreement. The plaintiff, who substantially performed the contract, ceased work when the defendants' mortgagees halted further advances. The court awarded damages to the plaintiff, less credits for minor defects. The appellate court affirmed the judgment, concurring that substantial performance was achieved and the plaintiff was justified in discontinuing work.

Contract LawBreach of ContractSubstantial PerformanceBuilding ContractorHome RemodelingWithholding PaymentsConstruction DisputeDamagesAppellate ReviewContractual Obligation

References

Case No. 02 CV 7106(RPP)

Regular Panel Decision

Apr 25, 2003

In Re Millenium Seacarriers, Inc.

This case concerns an appeal by Assuranceforeningen Skuld (Skuld) from a Bankruptcy Court order. Skuld sought to establish a priority maritime lien for unpaid insurance premiums against vessels of Millenium Seacarriers, Inc., which was in Chapter 11 bankruptcy. The Bankruptcy Court denied Skuld's motion for summary judgment and granted summary judgment to the Foreign Mortgagees (Allfirst Bank and Wayland Investment Funds, L.L.C.), ruling that Norwegian law, stipulated in Skuld's insurance contract, did not recognize such a lien. The District Court affirmed this decision, holding that federal choice of law principles dictate the enforcement of the choice of law provision in the international insurance agreement, leading to the application of Norwegian law where no such maritime lien exists.

Maritime LawChoice of LawForum Selection ClauseInternational ContractBankruptcy AppealSummary JudgmentAdmiralty LawShip MortgagePreferred Maritime LienInsurance Premiums

References

Showing 1-5 of 5 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

D.I.S., LLC v. Sagos

Mortgage LawPrepayment PenaltyMortgage Debt SatisfactionAcceleration of DebtRPAPL 1921Appellate ProcedureCivil ProcedureNassau County Supreme CourtContractual ProvisionsTender of Payment

Hernandez v. Haberle

Due ProcessTax SaleMortgagee RightsNotice RequirementsReal PropertySummary JudgmentAnnulmentMortgage ReinstatementTax DelinquencyProperty Interest

Assuranceforeningen Skuld (Gjensidig)-Den Danske Afdeling v. Allfirst Bank (In re Millenium Seacarriers, Inc.)

Maritime LawChoice of LawFederal Maritime Lien ActInsurance PremiumsSummary JudgmentAdmiraltyInternational TransactionNorwegian LawForeign MortgageChapter 11

Turk v. Look

Contract LawBreach of ContractSubstantial PerformanceBuilding ContractorHome RemodelingWithholding PaymentsConstruction DisputeDamagesAppellate ReviewContractual Obligation

In Re Millenium Seacarriers, Inc.

Maritime LawChoice of LawForum Selection ClauseInternational ContractBankruptcy AppealSummary JudgmentAdmiralty LawShip MortgagePreferred Maritime LienInsurance Premiums